Community Property in San Antonio, Texas

Texas is a community property state. It is presumed that all property owned by married persons at the time of the dissolution of the marriage, whether by death or divorce, is the property of both the husband and the wife. Likewise, any debts incurred during the marriage are presumed to be incurred by both the husband and the wife. Like community property, community debt must be divided during a divorce.

When two people get married, they may bring assets and property with them, and during the course of their marriage, they acquire more. So when the couple decides to divorce, two questions must be asked: What constitutes community property? What is a fair distribution of property?

Our law firm represents your best interests in the division of common assets and property from your marriage. Request a free consultation for an understanding of how the law applies to you.

Division of Property

In a marriage, a husband and wife own joint property and may retain sole ownership of individual assets and property. The assets and property acquired during the marriage are considered community property; while property gained before the marriage, or during the marraige as gifts or inheritances, are considered separate.

Since Texas is a community property state, in theory this means that each party is entitled to 50 percent of the property obtained during the marriage as well as responsible for 50 percent of the debt incurred during the marriage. However, a party is entitled to retain his or her “separate property.” While Texas is a community property state, the community property and debt can be divided in a manner that the court deems just and right with respect to the rights of each party and the children of the marriage. This essentially means that the property and debt does not have to be divided equally between the parties. The court will consider many factors including the size of either spouse’s separate estate and any fault in causing the divorce.

Other factors come into play as well. These include:

  • Earning Ability
  • Age Differences
  • Fault
  • Health and Disabilities
  • Taxes
  • Custody
  • Gifts
  • Inheritances

Since this gets very complicated, we recommend you seek the advice of one of our knowledgeable attorneys for the division of community property. Request a free initial consultation.

Trust in our reputable attorneys to see that you receive your fair share from the distribution of jointly owned property. Request a free consultation to understand the differences between separately owned and community property.

If you are have questions about a divorce and how it might affect your property, put the experience of Bineham & Gillen, PLLC, behind you. Our firm offers a free consultation so we can understand your case and present options to you. Call 210-541-6800 today to set an appointment with one of our Family Law attorneys or contact Bineham & Gillen, PLLC. Bineham & Gillen, PLLC, represents client throughout Texas, including the cities of San Antonio, New Braunfels, San Marcos, Boerne, Seguin and Karnes City, as well as other communities and military bases in Bexar County, Comal County and Karnes County.